Firstly, without boring you with the detail, let me provide you with a brief background. The Party Wall Act (The Act) once we know it today was effectively born from the London Building Acts (LBA). As you'll appreciate London includes a large number of properties which are constructed in close proximity to each other, and neighbourly disputes were slowing the construction process. https://hazelnews.com/where-to-find-structural-engineers/ introduced measures to create it easier for developers and property owners to carry out work along boundary lines and reduce the level of disputes by setting out specific obligations on both parties. The LBA was used successfully in London for many years until finally in 1996 it had been made a decision to revamp the act and roll it out nationwide by means of The Party Wall Act 1996. The Act is wide ranging and is necessary more than you would think. But you're not alone if you don't know much about any of it. Many builders I understand either don't know about it, or worse ignore it. Professionals aren't immune either. You're probably interested in this short article because you're about to carry out a construction project, or maybe your neighbour is. It can be a small extension or loft conversion, or something on a more substantial scale. The act doesn't consider size it only works on principal. The initial aspect is needless to say to determine if the act is applicable in the first place. If you are in virtually any doubt it is usually advisable to seek professional advice and in most cases the position is not monochrome. In crude terms however, a party wall is a structure shared by two neighbours which would include boundary walls or fences plus the walls to a building. Perhaps in this regard the title of the act is a little misleading and much more than this, it may also be applicable in the event that you propose to create a wall or building on land where no wall or physical boundary currently exists. In today's environment where most properties come in close proximity one to the other it is usually the case that the act can be applicable during any construction project that involves digging foundations near to a boundary line. It may also be applicable for loft conversions or building refurbishments where in fact the party wall isn't being altered, but support is required from the wall for steel supports or suspended timber floors or ceilings etc. In conjunction, it may enter into play for work that you'll feel is minor, such as for example cutting right into a wall to insert a weatherproof detail or flashing. As you will have deduced the act is far ranging and is more often than not applicable when you perform construction work near to neighbouring buildings / land. My advice would be to consult a surveyor who has party wall experience for anyone who is unsure. Most surveyors would be ready to give some free advice on the phone and when the project is local to them, you will often find that they will provide you with a free visit to assess your particular project in the hope that, if the act is applicable you'll appoint them to attempt the role for you personally. Certainly in my own professional experience as a chartered building surveyor I give free advice on a regular basis in the hope that it'll lead to an instruction. There are surveyors who will charge regardless however the key, as always is to agree a scope of service and any fee in advance to avoid confusion. Then you know where you stand. When you have deduced that the wall / structure is really a party wall you need to determine if the act is applicable to the work being carried out. The Act is approximately 15 pages long and put into 22 sections with various sub-sections. It isn't therefore a lengthy document and several of the sections include interpretations and explanation which means that the most relevant sections are even more condensed. There's however two main sections which apply most commonly and the home owner will be advised to understand; Section 2: Repair etc: of party wall: rights of owner - This section sets out the rights of the owners of a party wall at the mercy of serving the correct notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; to create good, repair, or demolish and rebuild, a celebration structure or party fence wall in addition to to cut right into a party structure for any purpose (which may be or include the reason for inserting a damp proof course). The entire list is set out in the act and covers most work, other than very superficial, which could possibly be completed to a wall. Under most circumstances where any work has been carried out right to a shared wall, it might be expected that the act should come into play, although you can find exceptions and you would be advised to take advice. The second section which is apt to be most applicable is Section 6: Adjacent excavation and construction. Once again the technicalities are lay out in the act but can be bewildering. Essentially however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering that a party wall could also be a garden wall or fence) the act may be applicable, if certain criteria relating to depth of excavation with regards to any party walls are achieved. For anyone who is excavating within 3 metres the act is more than likely applicable. Once you have determined that; a) the wall is really a party wall and b) based upon the scope of work or proximity of excavation the terms of the act can be applied, it will be necessary to follow the procedures set down within the act in order to protect your position. The first procedure is to serve notice on the adjoining owner to see them of the task being carried out. There is absolutely no requirement to appoint a surveyor to serve these notices for you and sample templates can be found online to download from various sources in order to do-it-yourself. But if you do propose to serve notice yourself, be mindful of the fact that as with all things where you may not have sufficient knowledge, the repercussions to getting it wrong might have legal ramifications. On this basis it is normally advised that you seek professional help. The notices, when served will be different depending upon whether the work falls under section 2, section 6 or both (there are other sections but as these are less commonly applicable I've not included commentary on this page), as too would be the length of time applicable between the notice being served and work commencing. The notice under section 2 will provide 8 weeks notice and the notice under section 6 provides one month following which work can commence provided that everything is to be able with regards to the act. Once more there are many ramifications relating to adjoining owner dissent, non response to notices or sheer bloody mindedness but I'll leave these for a later date, or for the party wall surveyor to help you upon. Or you may find that the adjoining owner just consents to the task in which case you can start earlier by mutual consent! Even though the adjoining owner does consent i quickly would advise a schedule of condition prepare yourself on the wall to ensure that you have a record of any cracks or defects before you begin work. You'd be amazed at how many times a neighbour spots cracks after work has been carried out, that were actually there before! If however the adjoining owner dissents to the work and appoints their very own surveyor, as they are entitled to do beneath the act, then you may also require a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know what you are doing you should get help. It's worth noting however, that if your neighbour does appoint a surveyor then as building owner you are likely to be responsible for their fees. The Act is a fully established act of parliament and therefore is law. Ignoring the Act is common place (often through lack of awareness) but technically the perpetrator is then breaking the law. I could go into detail concerning the implications of deliberately failing to serve notice but if you are a building owner scanning this article you then are clearly already alert to the act and concerned that the procedure is correctly followed. For anyone who is on the other hand, where a neighbour has not served notice you, there is recourse nevertheless, you should seek professional advice. It is also worth noting that ignorance is not any defence with regards to the law. It is believed that the act is merely designed as a money spinner for professional consultants but this couldn't be further from the truth. Yes there is an industry built round the act and professionals do charge for his or her services, but there's enough competition to ensure fees remain reasonable. It is actually an enabling act that ensures that the positions of both parties are protected and more importantly, means that neighbours cannot stop development or repair without sufficient reason. In this regard the act can often save fees where there was once a prospect of litigation and dispute. Despite this, it is common for projects to be undertaken satisfactorily without serving notice but this is usually a risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around an end of terrace house in London and shows the implications of the act on standard houses and thus general home owners, not just large scale developments. Mr Sadiq (building owner) completed building work without serving notice beneath the act. This work subsequently caused damage to the neighbouring property and he was forced to make good this damage by the court under the terms of the act. That is standard procedure and even if he previously served the correct notices he then would still have been liable for this cost, but moreover with what we are discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) since it felt that Mr Sadiq's failure to see the act negated any great things about defence he might gain from the terms of the act and therefore special damages were allowed. In this instance the Louis's were awarded compensation to cover additional costs incurred through a failure to sell their residence as a result of the defects and they were even awarded costs for rising construction costs in connection with their new house abroad. Had Mr Sadiq followed the right procedures and served the appropriate notices then these substantial additional costs wouldn't normally have been incurred. He'd only have been liable for the price of putting right the damage, not the additional costs. This example is by no means common place but does head to shown the potential implications of not following the correct procedures. What appears like a sensible saving on surveyor's fees could turn into a substantial cost for damages. You have already been warned! This brief article is aimed at giving a layman's view of the act for information purposes as opposed to a complete technical assessment. You need to seek professional advice if undertaking any work to, or near neighbouring land or property. It should also be noted that the act doesn't have any bearing on any other legislation, including the requirement for planning permission or building regulation approval etc which are completely separate entities.
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